Short Answer

In North Carolina, you start a partition as a special proceeding before the Clerk of Superior Court in the county where the property sits. You file a verified petition, serve all co-owners, and the clerk decides whether to divide the land in kind or order a sale if division would cause substantial injury. If a sale is ordered, it follows North Carolina’s judicial sale process with a 10‑day upset‑bid period. Contested issues can be transferred to a Superior Court judge.

Understanding the Problem

You want to know how to force a resolution when a North Carolina co-owner won’t buy your share or refinance you out. As a co-owner, can you file for partition to sell the home or otherwise separate your interest now that your name remains on the deed after divorce?

Apply the Law

North Carolina allows any co-tenant to seek partition through a special proceeding before the Clerk of Superior Court in the county where the property is located. The clerk determines whether the property can be fairly divided in kind; if not, the clerk orders a sale and distributes net proceeds after costs and liens. The proceeding uses civil service rules, and respondents have a short window to answer. The clerk may order mediation. Appeals and some contested matters can move to Superior Court.

Key Requirements

• Co-ownership: You must show you hold title with the other person (for example, tenants in common following divorce).
• Proper venue and filing: File a verified partition petition with the Clerk of Superior Court where the land lies; name and serve all co-owners and necessary lienholders.
• Service and response: Use Rule 4 service with a special proceeding summons; respondents typically have 10 days to answer.
• Division vs. sale: The clerk orders partition in kind if practical; otherwise, a sale if division would cause substantial injury to any owner, with adjustments (owelty) if needed.
• Sale procedure and distribution: Court-ordered sales follow North Carolina judicial sale rules, including a 10‑day upset-bid period; the clerk disburses net proceeds after costs, liens, and any equitable credits (taxes, mortgage, improvements).
• Transfer/appeal: If an answer raises factual or equitable issues, the case transfers to Superior Court; orders can be appealed for a new hearing before a judge.

What the Statutes Say

• North Carolina Gen. Stat. Chapter 46A (Partition) – Framework for partition, including division in kind and sale.
• N.C. Gen. Stat. § 1-301.2 (Special proceedings: transfer/appeal) – Transfer to Superior Court and de novo appeal from clerk orders.
• N.C. Gen. Stat. § 7A-38.3B (Mediation in matters before the clerk) – Clerk may order mediation in partition and similar matters.
• N.C. Gen. Stat. § 1-339.36 (Upset bids) – 10‑day upset‑bid process for judicial sales.

Analysis

Apply the Rule to the Facts: You and your former spouse remain co-owners, so you can file a partition in the county where the home sits. If the house cannot be divided without harm, the clerk can order a sale under the judicial sale statutes. Because your co-owner may contest, expect the clerk to consider mediation and, if factual or equitable defenses arise, a transfer to Superior Court. Sale proceeds would be distributed after costs and any appropriate credits for taxes, mortgage, or improvements.

Process & Timing

1. Who files: Any co-owner. Where: Clerk of Superior Court in the North Carolina county where the property is located. What: Verified petition for partition; Special Proceeding Summons (AOC‑SP‑100) for each respondent; service under Rule 4. When: Respondents typically have 10 days after service to answer in a special proceeding (extensions are common).
2. Clerk sets a hearing; may order mediation. If the case is uncontested, the clerk can proceed to appoint commissioners to evaluate division or recommend sale. If an answer raises factual/equitable issues, the clerk transfers the case to Superior Court for a judge to decide.
3. If sale is ordered, a commissioner conducts a judicial sale with a 10‑day upset‑bid period. After confirmation, the clerk disburses net proceeds, paying costs and liens first, then dividing the remainder according to ownership and equitable adjustments. A party aggrieved by the clerk’s final order may appeal for a de novo hearing before a Superior Court judge within the statutory window.

Exceptions & Pitfalls

• Heirs property rules: Special appraisal and buyout procedures apply only to certain “heirs property” cases; most former-spouse co-ownerships do not meet that definition.
• Transfer to Superior Court: If an answer raises factual disputes or equitable defenses (for example, claims for accounting, improvements, or offsets), the clerk must transfer the case to a judge.
• Service traps: Use proper Rule 4 service; incomplete service delays hearings. File proof of service before the hearing.
• Upset bids reset timelines: Each timely upset bid restarts a new 10‑day period, which can extend the sale timeline.
• Remote appearances: Some clerks allow video or phone appearances by consent or upon motion; availability varies by county and hearing type—request early.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who won’t buy out your share and you need to force a sale or separation of interests, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.